How to become a Utah Notary

Abbreviation: UT   |   45th State   |   Statehood: January 4, 1896 |
How to become a notary in Utah:
To become a notary in Utah, a notary applicant must meet all of the following requirements:
  1. Be at least 18 years of age or older
  2. Lawfully reside in Utah for at least 30 days preceding the application for notarial commission
  3. Be a United States citizen, or have permanent resident status under Section 245 of the Immigration and Nationality Act
  4. Be able to read, write, and understand English
 
Qualifications for becoming a notary in Utah:
In order to become a Utah notary and receive a Utah notary public commission, a notary applicant must:
  1. Meet the eligibility requirements provided in the previous section. Create an Account with the Office of the Lieutenant Governor at https://notary.utah.gov/qualifications-and-process/ or click here.
  2. Take an online test after creating an account. To begin the testing process, go to: http://notary.utah.gov/ or click here.
  3. Pay the testing ($30) and application ($45) fees in the amount of $75 after taking the online test.
  4. Print and sign the notary application if you pass the online test.
  5. Obtain a $5,000 Notarial Bond.
  6. Get the Oath of Office notarized.
  7. Submit the application form to the Office of the Lieutenant Governor with the original $5,000 bond and the notarized Oath of Office.
  8.  

    When the Office of the Lieutenant Governor commissions a notary public, the notary will be sent a “Certificate of Authority of Notary Public,” which is required to purchase a notary seal.

 
Can a non-resident become a Notary in Utah?
No. A notary applicant who is not a resident of Utah does not qualify for a Utah notary public commission.
 
Is a Utah notary bond required to become a notary in Utah?
Yes. A Utah notary bond in the amount of $5,000 is required for new and renewing notaries public. Beginning May 8, 2017, the Division of Risk Management will no longer issue bonds for State employees. Current Risk Management bonds issued to notaries will stay in effect until the commission expiration date. However, when a State employee ceases employment, the coverage and commission are cancelled immediately. State employees applying for a notary public commission after May 9, 2017, are required to purchase a notary surety bond to meet the statutory requirements to become a Utah notary public.
 
Do I need a Utah notary errors & omissions insurance?
Optional. Errors and Omission insurance is designed to protect notaries public from liability against unintentional notarial mistakes or omissions that result in financial damages to the public or a document signer. The American Association of Notaries encourages Utah notaries to purchase an errors and omissions insurance policy for their protection against liability.
 
How much does it cost to become a notary in Utah?
To become a notary public in Utah, a notary applicant’s required expenses include the following: (1) a $30 online test; (2) a $45 filing fee to process the application for appointment or reappointment; (3) a surety bond; (4) a notary stamp; and (5) a notary journal if the notary wishes to maintain one.
 
How long is the term of a notary public commission in Utah?
The term of office of a Utah notary public is for four years, commencing on the date specified in the commission. However, a notary’s commission may be rendered void: (1) by resignation; (2) by death; (3) by revocation; (4) when the notary public ceases to reside in Utah; and (5) when a State employee ceases employment with the State.
 
Where can I perform notarial acts in Utah?
A Utah notary has statewide jurisdiction and may perform notarial acts in any county at any location in Utah. Likewise, a Utah notary public may not perform notarial acts outside this state.
 
Who appoints Utah notaries public?
The Office of the Lieutenant Governor appoints Utah notaries public.

 

To contact the Office of the Lieutenant Governor:

 

Office of the Lieutenant Governor
Utah State Capitol Complex
Notary Office
350 N. State Street, Suite 220
P.O. Box 142325
Salt Lake City, UT 84114-2325
(801) 538-1041
http://notary.utah.gov/

 
How to renew your Utah notary commission:
A Utah notary public whose commission expires and who wishes to obtain a new commission must follow the same initial application for appointment process and procedures, including testing. To renew a notary public commission, visit the Office of the Lieutenant Governor’s website at https://notary.utah.gov/qualifications-and-process/ or click here.
 
Are there any exams or notary course requirements to become or renew your Utah notary commission?
Yes. All applicants for a Utah notary public commission are required to take and pass the online test with the Office of the Lieutenant Governor. The online test consists of 35 questions totaling 65 points, and each applicant must pass with 61 points or higher. To take the online test, applicants must first create an account with the Office of the Lieutenant Governor’s website. If the applicants pass the online test, they can proceed and complete their application, print out their application, and pay the full amount for the online test and application fee in the amount of $75. Applicants who do not pass the online test initially will have 30 days to retake the online test and pay a $35 fee. After the 30 days, applicants will need to start all over again with their application process for appointment to become a Utah notary public and pay for both the test and application fee in the amount of $75.
 
Do I need to purchase a notary stamp in Utah?
Yes. Utah law requires all notaries public to use a sharp, legible, and photographically reproducible ink impression of the notarial seal to authenticate all notarial acts. Section 46-1-16 of the Utah Code Annotated provides the legal specifications regarding the layout and the information required on all notary seals.

 

Dimensions: Must be rectangular,with a border, no larger than one inch by 2 ½ inches surrounding the required words and seal.

 

Required Elements: The Utah seal of office must contain the following elements:

  • The notary public’s name exactly as indicated on the notary’s commission
  • The words “Notary Public”
  • The words “State of Utah”
  • The words “My Commission Expires on______” (commission expiration date)
  • The notary’s commission number, exactly as indicated on the notary’s commission
  • A facsimile of the great seal of Utah
  •  

    Note: Each notarial seal obtained by a Utah notary public is required to use purple ink. A notary may use an embossed seal impression that is not photographically reproducible in addition to, but not in place of, the photographically reproducible seal required in this section.

     
    Is a notary journal required in Utah?
    “A notary may keep, maintain, and protect as a public record, and provide for lawful inspection a chronological, permanently bound official journal of notarial acts, containing numbered pages,” as specified by Section 46-1-13 of the Utah Code Annotated. The American Association of Notaries encourages all Utah notaries to maintain a journal of all notarial acts performed. For Utah notary supplies, visit the American Association of Notaries website at www.usnotaries.com or call (800) 721-2663 or click here.
     
    How much can a Utah notary charge for performing notarial acts?
    Utah notary fees are set by statute (§46-1-12). The maximum allowable fees that a Utah notary public can charge for notarial acts are listed below:
  • Acknowledgments - $5.00 per signature
  • Oaths or affirmations without a signature - $5.00 per person
  • Jurats - $5.00 per signature
  • Certified Copies - $5.00 per page certified
  • Immigration status form - $5.00 per individual for each set of forms
  •  

    A notary public may charge a travel fee, not to exceed the approved federal mileage rate when travelling to perform a notarial act if: (1) the notary explains to the person requesting the notarial act that the travel fee is separate from the notarial fee; (2) that it’s not mandated by law; and (3) the notary and the person agree upon the travel fee in advance.

     

    “A notary shall display an English-language schedule of fees for notarial acts and may display a non-English-language schedule of fees,” (UCA 46-1-12[3]).

     
    What notarial acts can a Utah notary public perform?
    A Utah notary public is authorized to perform five notarial acts
  • Take acknowledgments
  • Administer oaths or affirmations
  • Jurats
  • Copy certifications
  • Signature witnessing
  •  

    Can I perform electronic notarizations in Utah?
    Yes. The Utah Code Annotated, Chapter 4 “Uniform Electronic Transactions Act” authorizes electronic signatures used by Utah notaries public. Section 46-4-205 states, “If a law requires a signature or record to be notarized, acknowledged, verified, or made under oath, the requirement is satisfied by following the procedures and requirements of Subsection 46-1-16(8). The electronic signature of the person authorized to perform the acts under Subsection (1), and all other information required to be included by other applicable law, shall be attached to or logically associated with the signature or record.” Most importantly, Utah state law mandates that the principal signer must personally appear before the Utah notary public physically close enough to see, hear, communicate, and give identification credentials to each other without the use of electronic devices such as telephones, computers, video cameras, or video conference during the entire performance of the notarial act. Therefore, Utah notaries public are prohibited from performing online webcam notarizations, which are illegal in Utah.
     
    How do I change my address?
    A Utah notary public whose residence changes during the term of the notary’s commission is required to provide a written notice with the notary’s old and new address to the Office of the Lieutenant Governor within 30 days after such change by: (1) online at the lieutenant governor website; (2) telephone call; (3) e-mail; or (4) fax. For an address change, go to: https://notary.utah.gov/resources/address-change/ or call 801-538-1041 or fax: 801-538-1133.
     
    How do I change my name on my notary commission in Utah?
    Optional. A Utah notary public whose name is legally changed during the term of the notary’s commission is required to provide a written notice with the notary’s new name to the Office of the Lieutenant Governor within 30 days after the name change. With such notice, the notary must provide: (1) a copy of the document which changes the name (marriage certificate, divorce decree, etc.); (2) obtain a bond rider that reflects both the notary’s old and new name; (3) obtain a new official seal; and (4) immediately destroy the old notary seal. A notary is not required to change their name on their commission after adopting the surname of their spouse. For a name change, go to: https://notary.utah.gov/resources/address-change/ or call 801-538-1041 or fax: 801-538-1133 or email documents to notary@utah.gov
     
    Death/Resignation/Removal:
    A Utah notary public, or his or her representative, is required to send a signed letter to the Office of the Lieutenant Governor if the notary: (1) no longer maintains residence in Utah during the term of the notary’s commission; (2) no longer wishes to hold the office of notary public; (3) is deceased; (4) is duty-bound to resign by court order or the Office of the Lieutenant Governor‘s revocation process; or (5) becomes unable to read and write. In the case of any of the above situations, the notary’s official seal must be immediately destroyed.
     
    Prohibited Notarial Acts:
    These activities by a Utah notary public provide a basis for administrative disciplinary action:
  • Preparing, drafting, selecting, or giving advice concerning legal documents or legal proceedings, including immigration matters
  • Translating the phrase “notary public” into any language other than English that implies that the notary is a licensed attorney to advertise notary services
  • Charging a fee as an immigration consultant when the notary was not registered with the Utah Department of Commerce
  • Notarizing a document without the signer being in the notary’s presence at the time of the performance of the notarial act
  • Notarizing a document if the notary is named in it as a grantor, grantee, mortgagor, mortgagee, trustor, trustee, beneficiary, vendor, vendee, lessor, or lessee
  • Notarizing a document in which the notary has a financial or beneficial interest
  • Refusing to provide notarial services for a person who offered the appropriate fee
  • Certifying copies of publicly recordable documents
  • Notarizing a document with the intent to deceive or defraud
  • Influencing a person to enter into or refuse to enter into a lawful transaction involving a notarial act by the notary
  • Executing a notarial certificate containing a statement known by the notary to be false or materially incomplete
  • Endorsing or promoting any product, service, contest, or other offering if the notary’s title or seal is used in the endorsement or promotional statement
  • Affixing the notary’s signature and seal to a document that did not contain a notarial certificate
  • Notarizing a document for a principal signer who failed to provide proper identification
  • Charging more than the fee prescribed by law for notarial services
  • Notarizing a document when the document signer was not identified by satisfactory evidence of identity
  • Determining the type of notarial act or certificate to be used when a document does not contain one
  • Allowing someone else to use the notary’s official seal to notarize documents
  • Notarizing documents with a notary seal that does not conform to the seal statutory requirements
  •  
    Official Notarial Misconduct:
    Utah notaries public, who commit official malfeasance, may be subject to criminal liability, civil liability, and administrative disciplinary action for any of the following unlawful activities:
  • It is a class B misdemeanor for a notary to perform an act in violation of Section 46-1-9 (False or incomplete certificate) or Section 46-1-11 (Prohibited acts—Advertising).
  • It is a class B misdemeanor, if not otherwise a criminal offense under this code, for: (1) a notary to violate a provision of this chapter (Utah Notaries Public Reform Act); or (2) the employer of a notary to solicit the notary to violate a provision of this chapter (Utah Notaries Public Reform Act).
  • There are no provisions in State laws that authorize a notary to explain documents or accept money for services unless the notary is a licensed attorney or a licensed escrow agent. A notary public who violates this state law could sustain a maximum $5,000 fine, per offense, by the Title and Escrow Commission under UCA 31A-2-308.
  •  

    Utah Notary Laws and Regulations:
    Utah Code Annotated, Title 46, Chapter 1 (“Notaries Public Reform Act”)
    https://le.utah.gov/xcode/Title46/Chapter1/C46-1_1800010118000101.pdf

     

    Utah Code Annotated, Title 57, Chapters 2 (“Acknowledgments”)
    https://le.utah.gov/xcode/Title57/Chapter2/C57-2_1800010118000101.pdf

     

    Utah Code Annotated, Title 57, Chapters 2a (“Recognition of Acknowledgments Act”)
    https://le.utah.gov/xcode/Title57/Chapter2A/C57-2a_1800010118000101.pdf

     
    Utah Notarial Certificates:
    Click here to view Utah’s notarial certificates.

    Revised: December 2017

    Legal disclaimer: The American Association of Notaries makes no claims, promises, or guarantees about the accuracy, completeness, or adequacy of the information contained on this page. Information this page is not intended as legal advice. We are not attorneys. We do not pretend to be attorneys. Though we will sometimes provide information regarding federal laws and statutes and the laws and statutes of each state, we have gathered the information from a variety of sources. We do not warrant the information gathered from those sources. It is your responsibility to know the appropriate laws governing your state. Notaries are advised to seek the advice of an attorney in their state if they have legal questions about how to notarize.
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